Landlord possibly breaking lease?

kate_7October 16, 2006

Hey all

If you haven't been following my other posts, I'm a major quiet person and I've been having troubles with the "new"er people in our 4 storey building - particularly, those below me (a couple about 23ish, the guy rides a Harley).

This past Friday, I arrived home from a long day at work (around 9:30PM) only to be greeted by THUMPING bass from downstairs. I mean, vibrating the walls and my computer. And yes, I understand it's a Friday...however...

Our lease specifically states as a rule:

"Noise must be kept at a minimum at all times, especially between the hours of 11pm-8am" (direct quote).

So, according to that, there should not be thumping bass through my floor, right? Cuz that ain't a "minimum".

Anyway, we (my boyfriend and I) have approached the couple below before about loud noise, and both times they were very kind and turned it down.

I didn't think anything differently tonight. My boyfriend trekked downstairs, only to be completely ignored, have someone yell at him through the door, and crank the music.

Appalled, I called the landlord - surely my COMPLAINT would warrant them enough to turn it down.

I was told, quote "We can't do anything because it's still early."

...excuse me?! It says specifically in our lease "MINIMUM AT ALL TIMES"...And I'm issuing a complaint because my "right to quiet enjoyment" is being violated.

Nothing. Nada. I had to put up with the music for another 2 hours.

Now...is that not the landlords violating the lease rules? Is there something I can do?

To note, I have all sorts of "white noise" making things in my apartment - radio, fans, TV, fish tank filters running, etc...and yet I can still hear any music (very sensitive ears, unfortunately).

I feel as though my landlords (wife and husband, mid 40s) don't take me seriously because I'm only 20. They seem to brush off everything I say. I'm really frustrated because when I get nervous, my voice wavers a lot, so when I do speak to them about something, I sound really unsure of myself...though in my head, I'm not.

Please help :(

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needsleep

What constitutes a MINIMUM amount of noise for one person may not be a minimum for someoneelse. It is such a subjective determination that you'd never succeed trying to use that as a means of Breach of a lease. It does sound like these neoghbors are at least following the Objective part of the lease & turning things down at 11. At least the LL (or the neighbors) are assuring that.
And the other question is just how far does a LL have to go to require that the lease be enforced? Does he have to evict people who make too much noise? He then has a lawsuit on his hands that he'll probably lose - unless he can point to repeated violations of more objective terms (such as "no noise after 11" (instead of a minimum), or "floor must be carpeted" and it isn't.

    Bookmark   October 19, 2006 at 9:10AM
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